Clarence Austin v. Otis Smith

BAZELON, Chief Judge (dissenting).

After obtaining judgment for $7,000 against appellant Austin’s brother in a personal injury suit, Smith instituted garnishment proceedings against appellant Austin. Austin failed to respond and default judgment was entered against him. Thereafter, a second suit was instituted against appellant to satisfy the judgment by judicial sale of real property he allegedly owned in the District of Columbia. Appellant did not appear, and a second default judgment was entered in favor of appellees herein.

Over four years after the first default judgment, and three and a…